spring / summer 2017 |
aspects of land
|
7
CDM regulations
make it vital you
use tradespeople
who are qualified
for the job in hand
BILL EMRICH / ALAMY
“IF AN ACCIDENT
HAPPENS AND
SOMEONE IS
KILLED OR
INJURED ON
YOUR PROJECT,
IF YOU HAVEN’T
FOLLOWED THE
REGULATIONS,
YOU COULD
END UP FACING
A CRIMINAL
PROSECUTION”
FOLLOWING ORDERS
Are you up to speed with all the latest
construction, design and management
regulations?
Brian Gargett
of Savills
RuralWorking Group explains why
it is essential to make sure you are
What are the latest regulations?
The construction, design and management (CDM)
regulations were introduced in 2015. Nothing has
fundamentally changed since then, but these requirements
apply to even the smallest of construction projects and
not just large works. Even many building repair and
maintenance jobs are subject to these regulations and
I’m not sure everyone has fully understood the
implications of that.
What are the implications?
Anyone who is in the position of instructing a firm of
builders is subject to these regulations. If an accident
happens and someone is killed or injured on your project,
if you haven’t followed the regulations, you could end up
facing a criminal prosecution.
What do you have to do to meet the regulations?
There are three main areas. Firstly, contractor
management is key. It is your legal obligation to make
sure that any tradespeople you use are qualified to do
the job, that they understand the health and safety
requirements and that they have the necessary insurance
and qualifications in place. Secondly, make sure all
this is documented. You have to have a paper trail to
demonstrate you have done everything you were
supposed to do. Finally, the wording of your work
orders is very important. It needs to be clear that
when contractors sign the order, they understand their
responsibilities and cannot pass any liabilities back to
you as the client.
How can estate managers check that
contractors are following regulations?
There are a number of ways to vet contractors in the
planning stages. Ask to see public liability insurance,
specimen risk assessments, method statements and
construction phase plans to check they are using
reasonable processes. And be wary of cheap quotations.
If a roofing quote comes in much lower than others
you’ve received, it could be because they’re going to
do all the work on ladders rather than scaffolding.
The cheapest prices might be a false economy.
What are the impacts for estate managers
of not following the CDM regulations?
In the worst cases, prison sentences are not
unheard of and large fines are commonplace.
n
Brian Gargett, Cirencester, 01285 886 342,
bgargett@savills.com